Search Results

Filter By

25 results for mpc 5 min fix.
  1. 1. Major Projects & Construction 5 Minute Fix 119: conditional completion certificates, termination rights, refusing payment  Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition: the NSW Supreme Court rejects conditional completion certificates; the Victorian Court of Appeal overturns a decision on termination rights; Tasmania considers contractual rights to refuse payment; the WA Court of Appeal provides a refresher on joinder; Victoria reinforces the unique Victorian approach to judicial review of non-jurisdictional errors; and catch a wrap-up of recent security of payment decisions.  Article, 20 Sep 2023
  2. 2. Major Projects & Construction 5 Minute Fix 118: conditions precedent, insolvency in construction, cladding  Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition: recent Queensland Supreme Court considers the implication of failing to satisfy or waive conditions precedent; the Parliamentary Committee Report on Corporations and Financial Services Corporate insolvency in Australia supports Murray Report security of payment reforms, including the use of "cascading trusts"; the insurer of a manufacturer of combustible aluminum composite panels to be joined to an action against the manufacturer by an owners corporation; and the Federal Court finds that posting false reviews and testimonials contravenes the Australian Consumer Law and constitutes misleading or deceptive conduct.  Article, 4 Aug 2023
  3. 3. Major Projects & Construction 5 Minute Fix 117: combustible cladding, price escalation clauses, security of payment  Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition: a recent NSW Court of Appeal decision involving the reinstatement of non-compliant combustible cladding; price escalation clauses in home building contract found void; misleading and deceptive conduct claim as a defence to a summary judgment application under the NSW SOP Act; and the ACT Court of Appeal considers whether a payment claim has been validly served if issued to an email address not used for previous payment claims.  Article, 19 Jul 2023
  4. 4. Major Projects & Construction 5 Minute Fix 116: proportionate liability and arbitration, expert witnesses, bank guarantees  Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition: High Court to consider proportionate liability in arbitration context; Federal Court overturns decision about admissibility of independent expert report; removing an injunction restraining recourse to bank guarantees; adjudication determination quashed due to absence of "construction contract"; review of modern slavery legislation; insurer held liable for use of combustible cladding.  Article, 30 Jun 2023
  5. 5. Major Projects & Construction 5 Minute Fix 115: further defects, payment claims and adjudication, quantifying damages  Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition: NSW Court of Appeal considers whether Owners Corporation’s amendments concerning further defects introduced a new cause of action; no shadows cast on referee's findings of fact; NT Supreme Court confirms a party can "re-set the clock" for an adjudication application by submitting another payment claim; certainty and particularity are key for quantifying damages, and NSW Security of Payment roundup.  Article, 19 May 2023
  6. 6. Major Projects & Construction 5 Minute Fix 114: Infrastructure Australia reforms, contractor's duty of care to road users, execution formalities  Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition, we look at: proposed reforms to infrastructure advisory body Infrastructure Australia, the NSW Court of Appeal confirms a contractor's duty of care to road users, the importance of execution formalities when entering into agreements and recent decisions under the Security of Payment Act 1999 (NSW).  Article, 26 Apr 2023
  7. 7. Major Projects & Construction 5 Minute Fix 113: separable portions and practical completion, Qld statutory trust roll-out   Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition: informal creation of separable portions found to be ineffective; international arbitral award upheld; a stay application declined despite concurrent proceedings in NSW; the Queensland Government pauses its statutory trust roll-out until 2025; and (another) SOP Act wrap-up.  Article, 30 Mar 2023
  8. 8. Major Projects & Construction 5 Minute Fix 112: payment schedule timeframes, the Design and Building Practitioners Act duty of care  Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition: business days: SOP Act v Contract, ensuring a payment schedule is delivered within the required timeframe; formality is key when certifying completion; even a hopeless insolvent can recover amounts payable under the SOP Act; and the duty of care owed by contractors under the Design and Building Practitioners Act 2020 (NSW) is extended to include all building classes.  Article, 8 Mar 2023
  9. 9. Major Projects & Construction 5 Minute Fix 111: Secure Jobs, Better Pay in construction, force majeure, contract repudiation  Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition: a snapshot of what's ahead now the Secure Jobs, Better Pay Bill has passed; the English Court of Appeal on force majeure in the context of economic sanctions; contract repudiation in a challenging economic climate; the NSW Government’s response to State Infrastructure Strategy; can the COVID-19 Pandemic be declared a “force majeure event”; the Full Federal Court on off-the-plan (mis)representations.  Article, 12 Dec 2022
  10. 10. Major Projects & Construction 5 Minute Fix 110: directors' and employees' liability, Domestic Building Contracts Act, proportionate liability regime   Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition: directors and employees of building companies face potential liability under the DBP Act; the Victorian Supreme Court clarifies the scope of regulations made under the Domestic Building Contracts Act 1995 (Vic), and South Australian Court of Appeal considers whether proportionate liability regime applies in arbitral proceedings.  Article, 17 Nov 2022
  11. 11. Major Projects & Construction 5 Minute Fix 109: timing and payment schedules, joint ventures, domestic building legislation, rectification damages   Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition: NSW Supreme Court on the timing for provision of payment schedules; the risks of undocumented terms of joint venture agreements; variations and extensions of time under domestic building legislation; and rectification damages in the spotlight again.  Article, 26 Oct 2022
  12. 12. Major Projects & Construction 5 Minute Fix 108: withholding payment, implied terms and High Speed Rail Authority  Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition: the NSW Court of Appeal reminds us not to assume that payment can be withheld pending certification; the NSW Court of Appeal considers acceptance of an offer by conduct; family feud provides a reminder of conditions for implying terms, and the Australian Government seeks to establish a High Speed Rail Authority.  Article, 7 Oct 2022
  13. 13. Major Projects & Construction 5 Minute Fix 107: escalation risk, unconditional undertakings, building legislation and standards  Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition, we look at: the release of the NSW Government’s commercial principles on escalation risk for infrastructure projects, injuncting calls on unconditional undertakings, when will uncertainty invalidate a contract, the NSW Government announces consultation on building legislation and NSW Government tables its response to the “Further Inquiry into the Regulation of Building Standards”.  Article, 16 Sep 2022
  14. 14. Major Projects & Construction 5 Minute Fix 106: enforceability of adjudication determinations, releases, Modern Slavery  Get your 5 Minute Fix of major projects and construction news. In this edition: wrap-up of recent decisions re enforceability of adjudication determinations; unconscientious reliance on releases; new agreements regarding existing projects/transactions and the need for consideration; the consequences of ignoring a Calderbank offer; and public consultation on Modern Slavery legislation.  Article, 1 Sep 2022
  15. 15. Major Projects & Construction 5 Minute Fix 105: developer's liability for cladding rectification, expert determination, security of payment  Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition: NSW Court of Appeal decision considers developer's liability to owners corporations for cladding rectification; a reminder that the statutory demand process in the context of SOP Acts will not always yield the desired outcome; the Queensland Supreme Court refuses to stay the expert determination process under a royalty deed, and the NSW Supreme Court considers security for costs.  Article, 18 Aug 2022
  16. 16. Major Projects & Construction 5 Minute Fix 104: ABCC, combustible cladding, step-in notice, WA security of payment  Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition, we look at: the recent changes to the Australian Building and Construction Commission; parties seeking relief for combustible cladding need to demonstrate evidence of combustibility; default interest clause survives challenge based on penalties doctrine; changed contract arrangements undermine homeowners' defects remedies; the NSW Court of Appeal determines the validity of a step-in notice, and the commencement of reforms to the WA security of payment regime.  Article, 4 Aug 2022
  17. 17. Major Projects & Construction 5 Minute Fix 103  Get your 5 Minute Fix of major projects and construction news. In this edition: common law and contractual rights in defects and liquidated damages claims; a "battle of the forms" in steel supply contracts; adjudicator's powers to require further submissions; oral contract variations; the binding nature of personal guarantees; and Infrastructure Australia's revised project priority list.  Article, 21 Jul 2022
  18. 18. Major Projects & Construction 5 Minute Fix 102: building reform and regulation, underestimated renovation costs, WA security of payment  Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition: building reform on the agenda in the Northern Territory and Victoria, independent governance review makes recommendations for Queensland's building regulator, NSW Court of Appeal says underestimated renovation costs may be recoverable, and major reforms to WA security of payment regime set to commence on 1 August 2022.  Article, 7 Jul 2022
  19. 19. Major Projects & Construction 5 Minute Fix 101: duty of care, infrastructure strategy, and when can you be sued for a building action  Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition: the Supreme Court of NSW considers the statutory duty of care under the Design and Building Practitioners Act; the Qld Government releases its 20-year State Infrastructure Strategy 2022; the Victorian Court of Appeal considers the 10- year limitation period for bringing a "building action"; and the NT Government releases its Electric Vehicle Strategy and Implementation Plan.  Article, 24 Jun 2022
  20. 20. Major Projects & Construction 5 Minute Fix 100: NSW State Infrastructure Strategy, good faith and other implied terms, builder’s margin in variation claims and expert determinations  Get your 5 Minute Fix of major projects and construction news. In this special 100th edition of the Major Projects & Construction 5 Minute Fix: NSW State Infrastructure Strategy, implied terms regarding time for performance and good faith, challenging the inclusion of builder’s margin in variation claim quantum, lost opportunity damages explained in multiple judgments, and the “one contract rule” under the SOP Act in NSWCA and “commercially sensible” application of an expert determination clause.  Article, 9 Jun 2022
  21. 21. Major Projects & Construction 5 Minute Fix 99: NSW's statutory duty of care, opposing a statutory demand, and unsuccessful adjudication offsets  Get your 5 Minute Fix of major projects and construction news. This issue: significant guidance on NSW's statutory duty of care; it's all about the statutory demand. Being wound up is not a special enough circumstance to oppose a statutory demand in a Probuild Constructions (Aust) case, and unsuccessful adjudication offsets are still helpful for setting aside a statutory demand in a Federal Court decision.  Article, 26 May 2022
  22. 22. Major Projects & Construction 5 Minute Fix 98: NSW Research & Development Roadmap, supply chains, implied licences for home building plans  Get your 5 Minute Fix of major projects and construction news. In this issue: the NSW Government announces its 20-year Research & Development Roadmap; the Victorian Government responds to the Commissioner for Better Regulations Supply Chain Review; the Victorian Supreme Court of Appeal considered the common law concept of accord and satisfaction; the WA Supreme Court considers implied licences for home building plans; and the NSW Supreme Court upholds contractually agreed dispute resolution procedures in the face of technical arguments.  Article, 12 May 2022
  23. 23. Major Projects & Construction 5 Minute Fix 97: settlement agreements, liquidated damages, misleading or deceptive conduct  Get your 5 Minute Fix of major projects and construction news. This issue: getting settlement agreements right, informal agreements foregoing liquidated damages, liquidated damages as penalties, limitations periods and limiting liability for misleading or deceptive conduct by disclaimer.  Article, 28 Apr 2022
  24. 24. Major Projects & Construction 5 Minute Fix 96: head contractor licensing, easements, recitals in construction contracts  Get your 5 Minute Fix of major projects and construction news. This issue: head contractor licensing exemption under QBCC Act will remain in force; beware of easements: how property law issues can affect construction; and the role of recitals in construction contracts and deeds.  Article, 14 Apr 2022
  25. 25. Major Projects & Construction 5 Minute Fix 95: Qld trust account rollout; Infrastructure Australia's new roadmap; security of payment  Get your 5 Minute Fix of major projects and construction news. In this issue: Queensland pushes back its trust account roll-out for remaining phases; we look at Infrastructure Australia's new roadmap, ensuring a more productive and resilient future; a case deals with the statutory requirement for a person who "is or may be liable to make" payment under the SOP Act; misleading marketing leads to rescission of an off-the-plan sale contract, and a bank guarantee injunction refresher.  Article, 31 Mar 2022